The Entrepreneurial Labour Market Impact Assessment (LMIA) Program offers a strategic pathway for individuals like you to contribute to Canada’s economy by creating jobs, fostering innovation, and stimulating local growth.
The Entrepreneurial LMIA Program is designed to attract international entrepreneurs who wish to launch or take over an existing business in Canada. This program recognizes the significant impact that innovative business ventures can have on the Canadian economy, job creation, and community development.
Entrepreneurs gain the opportunity to establish, own, and lead their own business venture in Canada.
Successful businesses contribute to the local and national economy, driving growth and prosperity.
Entrepreneurs play a key role in generating new job opportunities for Canadian residents.
Entrepreneurs become integral members of their local communities, fostering social and economic connections.
Present a comprehensive business plan that outlines your proposed business venture’s viability, economic benefits, and job creation potential.
Demonstrate that you will own at least 51% of the business, either by creating a new one or taking over an existing enterprise.
Make a substantial investment in the business, ensuring that it aligns with the scope and scale of the proposed venture.
Commit to creating new job opportunities for Canadian citizens and permanent residents.
Create a detailed business plan that showcases your entrepreneurial vision, financial projections, and job creation strategy.
Submit an application for a Labour Market Impact Assessment (LMIA) to Employment and Social Development Canada (ESDC).
Once your LMIA is approved, you can proceed with establishing or taking over the business.
Upon successfully meeting the LMIA program’s requirements and creating the intended jobs, you may be eligible to apply for permanent residency
We help our clients achieve success by staying ahead of rapidly changing global immigration changes.
What to do
The Entrepreneurial Labor Market Impact Assessment (LMIA) is not a specific program in Canada. However, if you are planning to establish a business in Canada and hire foreign workers through the LMIA process, you can follow these general steps once your LMIA application is approved:
Upon approval of your LMIA application, you will receive an official LMIA approval letter from Employment and Social Development Canada (ESDC). This letter will outline the conditions and details of the approved LMIA.
As an employer, you will need to provide a job offer to the foreign worker(s) you plan to hire. This offer should include details such as job responsibilities, salary, and working conditions. Both you and the worker(s) should sign formal employment contracts.
The foreign worker(s) you intend to hire will need to apply for a work permit at the nearest Canadian embassy, consulate, or visa application center. They will need to include the LMIA approval letter and their job offer with their work permit application.
Depending on the nationality of the foreign worker(s), they may need to apply for a Temporary Resident Visa (TRV) to enter Canada in addition to the work permit.
Once the work permit is issued, the foreign worker(s) can travel to Canada and start working for your business.
Ensure that you comply with the conditions specified in the LMIA approval letter. This includes providing the wages and working conditions as stated in the job offer and LMIA application.
As an entrepreneur, you will be responsible for establishing and operating your business in Canada. Be sure to adhere to any regulatory requirements and business obligations.
Depending on the terms of the LMIA, you may need to report periodically to ESDC and provide updates on the employment of foreign workers.
If the work permits for your foreign workers have an expiration date, you may need to apply for extensions or renewals before they expire to ensure the continuous employment of your staff.
If you and your foreign workers are interested in obtaining permanent residency in Canada, you may explore the pathways available through Express Entry programs, Provincial Nominee Programs (PNPs), or other immigration streams.
What to do
In the event that your application for an Entrepreneurial Labor Market Impact Assessment (LMIA) for a Canadian visa faces rejection, consider the following steps to address the situation:
Thoroughly assess the rejection notification issued by the Canadian immigration authorities. This document will outline the reasons behind the denial and any specific directives or steps to be taken.
Contemplate seeking counsel from a certified immigration consultant or a seasoned attorney specializing in Canadian immigration law. They can provide a comprehensive examination of your case, elucidate the grounds for the rejection, and offer counsel on the most apt course of action.
Collaborate closely with your immigration expert to gain a deep understanding of the precise causes for the refusal. These may encompass shortcomings in your business plan, financial documentation, or other aspects of your application. Identifying the underlying issues is pivotal for devising an effective strategy.
If the rejection stemmed from correctable issues, such as deficiencies in your business plan or supporting documents, you may have the opportunity to reapply. Ensure that you address the inadequacies delineated in the rejection notice and furnish any additional required evidence or information.
Depending on the visa category and the particulars of your situation, there might be an avenue for appeal. Note that not all visa classes permit appeals, so collaborate with your immigration expert to ascertain if this is a viable option.
Depending on the specifics of your situation, there may be the possibility of pursuing an appeal. It’s noteworthy that not all visa categories permit appeals. Collaborate with your immigration specialist to ascertain if an appeal is a viable option for your circumstances.
Under certain circumstances, you may be able to petition for a judicial review of the decision through the Federal Court of Canada. This entails a comprehensive review by a judge to assess the legality and reasonableness of the decision. Judicial reviews are typically pursued when there are legal or procedural errors in the decision-making process.
While navigating the post-rejection process, you may contemplate reaching out to Ace Law Barristers & Solicitors for expert legal guidance and representation. They can assist you in resubmitting your Entrepreneurial LMIA application, ensuring its robustness and addressing the prior rejection concerns. Furthermore, they can explore the possibility of instigating a judicial review if deemed necessary.
Uphold strict adherence to all legal and procedural requisites throughout the process. Acknowledge that immigration matters can be protracted, and exercising patience is paramount as you work toward a resolution.
Eligibility criteria for the Entrepreneurial LMIA Visa include demonstrating that your business will create significant economic benefits for Canada, such as job creation and investment. You will also need to secure a positive LMIA, among other requirements.
The Entrepreneurial LMIA Visa program is open to various types of businesses, including startups and existing businesses.
The key is to demonstrate that your business venture will create jobs, invest in the Canadian economy, and contribute positively to the local community.
The initial work permit duration can vary but is typically issued for up to two years. Afterward, you can apply for an extension or explore other immigration pathways, such as provincial nominee programs, to transition to permanent residency.